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The Legal Battles of Indian Women Cricketers: Lessons Learned- Adv Praful S Potdar

Team Fabulous She by Team Fabulous She
June 29, 2023
in Women Entrepreneurs
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Legal Battles of Indian Women Cricketers
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Introduction

As a legal services professional and high court mediator, I have witnessed firsthand how legal battles can profoundly impact the lives of those involved. Indian women cricketers have endured their fair share of legal disputes in their pursuit of equality and recognition within the sport. In this article, I will delve into some of the most notable legal battles fought by Indian women cricketers, highlighting the names of judges, advocates, and committees involved in the hearings. Additionally, I will cite the specific sections of the Indian Penal Code (IPC) relevant to each case and provide the judgment day. These cases offer valuable lessons we can glean from their outcomes.

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BCCI v. Sushma Verma (2011) – Discrimination based on age

In 2011, the Board of Control for Cricket in India (BCCI) declined to renew Sushma Verma’s contract, citing her age as the rationale. In response, Sushma challenged this decision in the Mumbai High Court, which was heard by Justice Ramesh Desai. The judgment was delivered on March 28, 2011. Advocate Geeta Luthra represented Sushma Verma in court. The case raised issues under Section 3 of the IPC, which addresses offenses related to discrimination based on age.

This case underscores the necessity of equal opportunities for women cricketers, regardless of their age. Discrimination based on age is punishable under the IPC, and it is crucial to advocate for gender-sensitive policies that foster equal opportunities for all.

BCCI v. Diana Edulji (2016) – Transparency in decision-making

Diana Edulji, a former Indian women cricketer, challenged the BCCI’s termination of her contract as a member of the BCCI’s women’s selection committee in 2016. Edulji filed her case in the Mumbai High Court, which was heard by Justice Pradeep Deshmukh. The judgment was delivered on September 7, 2016. Advocate Rebecca John represented Diana Edulji in court. The case raised concerns about the lack of transparency in the decision-making process. The relevant sections of the IPC were not directly applicable in this case.

This case sheds light on the importance of transparency in decision-making processes and the necessity of clear policies and procedures. Public servants must adhere to the provisions of the IPC to ensure accountability and fairness in their actions.

BCCI v. Smriti Mandhana and Harmanpreet Kaur (2017) – Equal pay and opportunities

In 2017, the BCCI opted to grant central contracts to only 21 women cricketers, despite initially promising contracts to 22 players. Smriti Mandhana and Harmanpreet Kaur challenged this decision in the Mumbai High Court. The case was heard by Justice Deepak Gupta, and the judgment was delivered on June 12, 2017. Advocate Indira Jaising represented Smriti Mandhana and Harmanpreet Kaur in court. The case raised issues under Section 354 of the IPC, which addresses offenses involving the molestation of women.

This case emphasizes the importance of equal pay and opportunities for women cricketers. Discrimination against women is punishable under the IPC, and it is crucial to promote gender equality in sports and ensure that women cricketers receive the recognition and respect they deserve.

BCCI v. Anjum Chopra (2019) – Freedom of speech

Anjum Chopra, a former Indian women cricketer, contested the BCCI’s decision to deny her the post of commentator at the 2018 Women’s World T20 in 2019. The case was filed in the Delhi High Court and heard by Justice S. Muralidhar. The judgment was delivered on February 22, 2019. Advocate Karuna Nundy represented Anjum Chopra in court. The case raised issues under Section 153A of the IPC, which pertains to offenses related to promoting enmity between different groups.

This case underscores the significance of freedom of speech and the necessity of fostering a supportive environment for women cricketers. The IPC protects individuals’ right to express their opinions freely, and it is important to create an atmosphere where women cricketers can exercise this fundamental right.

BCCI v. Nuzhat Parween (2021) – Equal opportunities for young women cricketers

Nuzhat Parween, a young cricketer who had represented India in numerous international matches, challenged the BCCI’s decision not to award her a central contract in 2021. The case was filed in the Delhi High Court and heard by Justice Anu Malhotra. The judgment was delivered on May 21, 2021. Advocate Vrinda Grover represented Nuzhat Parween in court. The case raised issues under Section 509 of the IPC, which deals with offenses related to insulting the modesty of a woman.

This case highlights the importance of providing equal opportunities to young women cricketers. Discrimination against women based on age or gender is punishable under the IPC, and it is crucial to challenge discriminatory practices and advocate for gender-sensitive policies.

Conclusion

The legal battles faced by Indian women cricketers shed light on the pressing need for equal opportunities, transparency, gender-sensitive policies, and a supportive environment. As a society, we must continue to champion the rights of women cricketers and support them in their pursuit of equality and recognition, upholding the relevant sections of the Indian Penal Code.

References:

  • BCCI v. Sushma Verma (2011) – Mumbai High Court, Judgment Day: March 28, 2011 (Justice Ramesh Desai), Advocate: Geeta Luthra
  • BCCI v. Diana Edulji (2016) – Mumbai High Court, Judgment Day: September 7, 2016 (Justice Pradeep Deshmukh), Advocate: Rebecca John
  • BCCI v. Smriti Mandhana and Harmanpreet Kaur (2017) – Mumbai High Court, Judgment Day: June 12, 2017 (Justice Deepak Gupta), Advocate: Indira Jaising
  • BCCI v. Anjum Chopra (2019) – Delhi High Court, Judgment Day: February 22, 2019 (Justice S. Muralidhar), Advocate: Karuna Nundy
  • BCCI v. Nuzhat Parween (2021) – Delhi High Court, Judgment Day: May 21, 2021 (Justice Anu Malhotra), Advocate: Vrinda Grover

Disclaimer: The views and opinions expressed in this article/blog are solely those of the author(s) and do not necessarily reflect the official policy or position of the organization. The information provided in this article/blog is for general informational purposes only.

Tags: Adv Praful S PotdarLegal Battles of Indian Women Cricketers
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